Book contents
- Frontmatter
- Dedication
- Epigraph
- Contents
- Preface
- Introduction: images of law
- Meditation 1 Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis
- Meditation 2 On the concept of law
- Meditation 3 On constitutions and fragmented orders
- Meditation 4 Of experts, helpers, and enthusiasts
- Meditation 5 The power of metaphors and narratives: systems, teleology, evolution, and the issue of the “global community”
- Meditation 6 Cosmopolitanism, publicity, and the emergence of a “global administrative law”
- Meditation 7 The politics of rights
- Meditation 8 The limits and burdens of rights
- Meditation 9 The bounds of (non)sense
- Index
- References
Introduction: images of law
Published online by Cambridge University Press: 05 June 2014
Book contents
- Frontmatter
- Dedication
- Epigraph
- Contents
- Preface
- Introduction: images of law
- Meditation 1 Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis
- Meditation 2 On the concept of law
- Meditation 3 On constitutions and fragmented orders
- Meditation 4 Of experts, helpers, and enthusiasts
- Meditation 5 The power of metaphors and narratives: systems, teleology, evolution, and the issue of the “global community”
- Meditation 6 Cosmopolitanism, publicity, and the emergence of a “global administrative law”
- Meditation 7 The politics of rights
- Meditation 8 The limits and burdens of rights
- Meditation 9 The bounds of (non)sense
- Index
- References
Summary
Images of law
Writing a book about the Status of Law in World Society inevitably conjures up certain associations. One is, of course, the perhaps subconscious reference to Richard’s Falk The Status of Law in International Society, which in turn took its cue from Hersh Lauterpacht’s earlier treatise. The other is to the concept of “world society,” which could be used analogously to the term “world politics” that once established the research program of one of the first journals in the field, but which consciously adopted a program for analysing both international and comparative politics. Or we could take it in the sense in which Niklas Luhmann and his school are using the term.
It would be tempting to connect the first and the last version and take them as points of reference, thereby constructing a coherent narrative in which the international has been replaced by the global, the state by “society,” and international law, formerly merely an adjunct to diplomacy and perhaps of relevance to “international organizations,” has finally become one of the main drivers shaping world politics. I shall resist that temptation and stay much closer to the second option, without wanting to deny the impact of globalization on states and societies and the fact that, for better or for worse, “law” and its “lawyers” have arrived as part of the professional class that manages our affairs. To that extent law now provides in large part the vocabulary for contemporary politics. Whether we discuss the “legality” of the second Gulf War, address human rights, the (in)admissibility of certain means of “enhanced interrogation,” or trade and development issues, legal concepts figure prominently in all arguments and are made by all sorts of people, be they decision-makers, journalists, public intellectuals, or the proverbial men (and women) in the street.
- Type
- Chapter
- Information
- The Status of Law in World SocietyMeditations on the Role and Rule of Law, pp. 1 - 25Publisher: Cambridge University PressPrint publication year: 2014
References
, The Fine Print, Vanishing Rights and the Rule of Law (Princeton University Press, 2012)Google Scholar
, “Paradoxes and Failure: New Governance Techniques and the Financial,” The Modern Law Review, vol. 75 no. 6 (2012), 1037–63, at 42CrossRefGoogle Scholar
, “The Subprime Crisis and Financial Regulation: International and Comparative Perspectives,” Chicago Journal of International Law, vol. 10 (2009–2010), 581–638Google Scholar
, Group Psychology and the Analysis of the Ego, transl. by (London: Hogarth Press, 1945)Google Scholar
: “Reassessing International Humanitarianism” in (ed.), International Law and Its Others (Cambridge University Press, 2006), 131–55CrossRefGoogle Scholar
, The Dark Sides of Virtue: Reassessing International Humanitarianism (Princeton University Press, 2004), Chapter 4CrossRefGoogle Scholar
, “Beyond Conventional Management Practices: Shifting Organizational Values,” in (ed.), Ethical Frontiers in Public Management (San Francisco: Jossey Bass 1991), 205–24Google Scholar
, “Ethics in In-service Training,” in , Handbook of Administrative Ethics, 2nd edn. (New York: Marcel Dekker, 2001), 79–103, at 87Google Scholar
, Final Report on the Columbia Space Shuttle Accident (Washington DC:Government Printing Office, 2003)Google Scholar
, A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton University Press, 2008), 3Google Scholar
, The Betrayed Profession: Lawyering at the End of the 20th Century (New York: Charles Scribner’s Sons, 1994)Google Scholar
, A Nation Under Lawyers: How the Crisis of the Legal Profession is Transforming American Society (New York: Farrar, Straus, Giroux, 1994)Google Scholar
, The Decline and Fall of the American Republic (Cambridge, MA: Harvard University Press, 2010)Google Scholar
, Fact Finding Without Facts: The Uncertain Evidentiary Foundations of International Criminal Convictions (Cambridge University Press, 2010)CrossRefGoogle Scholar
, “The Discursive Demolition of the Asian Development Model,”International Studies Quarterly, vol. 47 no. 1 (2003), 71–99CrossRefGoogle Scholar
, “Human Rights and Root Causes,” Modern Law Review, vol. 74, no. 1 (2011): 57–78, at 78CrossRefGoogle Scholar
(who had been part of several UN operations), “Imagining Democracy, Building Unsustainable Institutions: the UN Peace Keeping Operation in Haiti,”Security Dialogue, vol. 39, no. 5 (2008): 539–61CrossRefGoogle Scholar
, “Background and Knowledge in the Foreground: Conversations about Competent Practice in ‘Sacred Space,’” in and (eds.), International Practices (Cambridge University Press, 2011), 87–107CrossRefGoogle Scholar
and , When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford University Press, 2009)CrossRefGoogle Scholar
and , “On Acting and Knowing,” International Organization, vol. 63 (Fall 2009), 701–31CrossRefGoogle Scholar
, “NGOs: Fighting Poverty, Hurting the Poor,” Foreign Policy (Sept/Oct 2004), 50–8CrossRefGoogle Scholar
, “What NGO Accountability Means and Does Not Mean,” American Journal of International Law, vol. 103, no. 1 (2003), 170–8CrossRefGoogle Scholar
“Recent Scholarship on NGOs,” American Journal of International Law, vol. 103, no. 4 (2009), 777–84Google Scholar
, and , International Law and International Relations (Cambridge University Press, 2007)CrossRefGoogle Scholar
, Globalization and Sovereignty: Rethinking Legality, Legitimacy and Constitutionalism (Cambridge University Press, 2012)CrossRefGoogle Scholar
, Normative Theory in International Relations (Cambridge University Press, 1999)CrossRefGoogle Scholar
, and , International Relations in Political Thought: Texts from the Ancient Greeks to the First World War (Cambridge University Press, 2002)CrossRefGoogle Scholar
, The Power of Language in the Making of International Law (Leiden: Martinus Nijhoff, 2004)Google Scholar
, Democracy and the Global Order: From the Modern State to Global Governance (Stanford University Press, 1996)Google Scholar
, The Global Commonwealth of Citizens: Toward Cosmopolitan Democracy (Princeton University Press, 2008)CrossRefGoogle Scholar
, Basic Rights: Subsistence, Affluence and US Foreign Policy (Princeton University Press, 1980)Google Scholar
and (eds.), Citizenship Today: Global Perspectives and Practice (Washington DC: Carnegie Endowment for International. Peace, 2001)Google Scholar
, The Claims of Culture: Equality and Diversity in the Global Era (Princeton University Press, 2002)Google Scholar
and (eds.), The Return of Culture and Identity in IR Theory (Boulder: Lynn Rienner, 1996)Google Scholar
, The Sanctions Paradox: Economic Statecraft and International Relations (Cambridge University Press, 1999)Google Scholar
, Shrewd Sanctions: Statecraft and State Sponsors of Terrorism (Washington DC: Brookings, 2003)Google Scholar
, Saving Strangers: Humanitarian Intervention in International Society (Oxford University Press, 2002)CrossRefGoogle Scholar
and (eds.), Sanctions, Accountability and Governance in a Globalized World (Cambridge University Press, 2009)CrossRefGoogle Scholar
, Moral Dilemmas of Modern War: Torture, Assassination and Blackmail in an Age of Asymmetric Conflict (Cambridge University Press, 2010)Google Scholar
, The Best Defense: Legitimacy and Preventive Force (Stanford: Hoover Institution, 2010)Google Scholar
, and (eds.), The Power of Human Rights: International Norms and Domestic Change (Cambridge University Press, 1999)CrossRefGoogle Scholar
, Norms in International Relations: The Struggle Against Apartheid (Ithaca: Cornell University Press, 1999)Google Scholar
, Moral Victories: How Activists Provoke Multilateral Action (Ithaca: Cornell University Press, 2001)Google Scholar
, Moral Limit and Possibility in World Politics (Cambridge University Press, 2008)CrossRefGoogle Scholar
, Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge University Press, 2009)CrossRefGoogle Scholar
, , and , The Evolution of the Trade Regime: Politics, Law and Economics of GATT and the WTO (Princeton University Press, 2006)Google Scholar
, “Trans-governmental Networks and the Future of International Law,” Virginia Journal of International Law, vol. 43 no. 1 (2002/2003), 1–93Google Scholar
, On Humane Governance: Towards a New Global Politics (University Park: Pennsylvania State University Press, 1995)Google Scholar
, Scales of Justice: Re-imagining Political Space in a Globalizing World (Oxford: Polity, 2008)Google Scholar
, Law without Nations? Why Constitutional Government Requires Sovereign States (Princeton University Press, 2005)Google Scholar
and (eds.), Ruling the World? Constitutionalism, International Law and Global Governance (Cambridge University Press, 2009)CrossRefGoogle Scholar
and , Zur Fragmentierung des Globalen Rechts (Frankfurt: Suhrkamp, 2006), expanded version of their “Regime Collision: The Vain Search for Legal Unity in the Fragmentation of Global Law,”Michigan Journal of International Law, vol. 35, no. 4 (2004), 999–1046Google Scholar
, Beyond Constitutionalism: The Pluralist Structure of Postnational Law (Oxford University Press, 2010)CrossRefGoogle Scholar
and (eds.), United States Hegemony and the Foundations of International Law (Cambridge University Press, 2003)CrossRefGoogle Scholar
, International Law and the US Military Intervention in the Western Hemisphere (The Hague: Kluwer, 1997)Google Scholar
and , “Torture, Terrorism and the State: A Refutation of the Ticking Bomb Argument,” Journal of Applied Philosophy, vol. 23, no. 3 (2006), 355–73CrossRefGoogle Scholar
, International Relations Theory and International Law (Cambridge University Press, 2010)CrossRefGoogle Scholar
and , “International Organization: The State of the Art on the Art of the State,” International Organization, vol. 40, no. 4 (1986), 753–75CrossRefGoogle Scholar
and , “Understanding Changing International Relations: The Soviet Empire’s Demise and the International System,” International Organization, vol. 48, no. 2 (1994), 215–48CrossRefGoogle Scholar
, “De gustibus (valoribus) est disputandum: Friedrich Kratochwil contra Realpolitik without Politics, Theory without Reflexivity, Science without Judgment,” in , , and (eds.), On Rules Politics and Knowledge: Friedrich Kratochwil, International Relations and Domestic Affairs (Now York: Palgrave-Macmillan, 2010), 23–36Google Scholar
, “Operational Closure and Structural Coupling: the Differentiation of the Legal System,” Cardozo Law Review, vol. 13 (1992), 1419–41, at 1430Google Scholar
and , “The Emperor’s New Clothes,” Modern Law Review, vol. 70, no. 1 (2007), 139–60CrossRefGoogle Scholar
, “The Force of Law: The Mystical Foundation of Authority,” Cardozo Law Review, Vol. 11 (1989–1990): 920–1045, at 943Google Scholar